OpenLegislation

Paragraph 16 Variation or revocation of special measures orderI1

England and Wales Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A residential property tribunal may vary or revoke a special measures order relating to a category 1 building on an application by—

(a)

the building safety authority for the building,

(b)

the fire safety authority for the building,

(c)

an accountable person to whose building safety functions the order applies, or

(d)

the special measures manager appointed by the order.

(2)

A building safety authority may not apply to vary or revoke an order unless—

(a)

in the case of an application to vary an order, it has complied with the requirements of paragraph 17, and

(b)

in any case, the fire safety authority for the building agrees to the making of the application.

(3)

A fire safety authority may not apply to vary or revoke an order unless—

(a)

in the case of an application to vary an order, it has complied with the requirements of paragraph 17, and

(b)

in any case, the building safety authority for the building agrees to the making of the application.

(4)

An application to vary an order by changing the identity of the special measures manager may not be made by an accountable person or the special measures manager unless it is an agreed application (see sub-paragraphs (7) and (8)).

(5)

In considering whether to vary or revoke a special measures order, a residential property tribunal must have regard to—

(a)

the likelihood of the variation or revocation of the order resulting in a recurrence of the circumstances that led to the order being made, and

(b)

whether it is just and convenient in all the circumstances to vary or revoke the order.

(6)

Sub-paragraph (5) does not apply if the application to vary or revoke the order is an agreed application.

(7)

An application to vary or revoke a special measures order relating to a building is an agreed application for the purposes of this paragraph if it is made with the agreement of—

(a)

the building safety authority for the building,

(b)

the fire safety authority for the building,

(c)

each accountable person to whose building safety functions the order applies (including, in the case of an application to vary an order, any accountable person to whose functions the order does not already apply but would apply if the variation were made), and

(d)

the special measures manager appointed by the order (including, in the case of an application to vary an order by changing the identity of the manager, the person who would be appointed if the variation were made).

(8)

Sub-paragraph (7)(d) does not require the agreement of the special measures manager if the manager is an individual who lacks capacity to agree to the application.

Annotations

Commencement

I1

Sch. 2 para. 16 not in force at Royal Assent, see s. 138(2)